JACKSON
v.
STATE

Fla. 5th DCA | 2018-07-27
No. Case No. 5D17-1047
Downey, Gunther, Hersey
249 So. 3d 792 Florida District Court of Appeal, Fifth District (2018)

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Holding

A trial court must make an independent determination of a defendant's competency before accepting a plea entered after competency has been ostensibly restored.


Headnotes

[1] A trial court must make an independent determination of the defendant's competency before accepting a guilty plea entered after the defendant's competency has been ostens…

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Facts & Procedural History

Jackson entered a plea after his competency was ostensibly restored. The record did not show that the trial judge made an independent determination of…

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Opinion of the Court

PER CURIAM.

As the State properly concedes, the record does not support the conclusion that the trial judge made an independent determination of competency before accepting Appellant's plea entered after his competency was ostensibly restored. Accordingly, we reverse and remand for further proceedings. Bynum v. State , 43 Fla. L. Weekly D1063 (Fla. 5th DCA May 11, 2018) ; Rumph v. State , 217 So. 3d 1092, 1094 (Fla. 5th DCA 2017).

REVERSED AND REMANDED.

COHEN, C.J., TORPY and EVANDER, JJ., concur.


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